Brief Facts : Petitioner filed RTI application seeking details of exemptions, but the authority sought exemption under s.8(1)(h). Writ sought to quash the CIC’s order.
Summary : The court surveys cases on S. 8(1)(h), and states that the RTI Act is a ‘statutory expression’ of Art. 19(1)(a), and examined A.19(2) and stated that S8(1)(h)’s restriction on revealing certain information, falls under Art.19(2) – the ‘public order’ exception. RTI is a rights-based enactment which parallels a ‘welfare measure’. Therefore, S.8 must be strictly construed to prevent the right’s violations. Mere existence of investigation process can’t be grounds for rejecting the information. Valid reasons [that prosecution would get ‘impeded’ by releasing the information] should be stated while rejecting the application, which was not the case here, Hence, the CIC’s order was quashed.
